Law on Making False Declarations in NSW | Demerit Point Fraud Offences


61-year-old former South Australian Magistrate Bob Harrap has pressured his partner, a police prosecutor, and a court clerk into the blame for his demerit points.

Harrap also pleaded guilty to being involved in corruption in relation to court proceedings involving a close friend, who is a lawyer.

It’s reported that the former Local Court Magistrate emotionally pressured all three women, namely, the court clerk, police prosecutor and lawyer in an effort to achieving his end goals.

An investigation into these incidents began by the Independent Commissioner Against Corruption, which resulted in the former Magistrate being charged, as well as the three other women involved.

Following this, Harrap resigned before pleading guilty to two charges of deceiving a person for self-benefit and a charge of exercising power to secure a benefit.

Last Friday, Judge Paul Slattery of the District Court sentenced Harrap and the three women involved.

Judge Slattery noted the fact that Harrap breached a sworn oath to carry out his duty without any fear of favour, and said, “On three separate occasions, you deliberately ignored your role as a judicial officer and your solemn oath… In each instance, you would have been aware of the clear inconsistency between your criminal conduct, your position and your oath”.

“The three aspects of your offending have all involved women with whom you have, or have had, a strong personal and professional relationship… In each case of your criminal conduct, you dealt with persons over whom you held and exercised varying degrees of power.”

In the result, Judge Slattery sentenced Harrap to a 18 months imprisonment sentence, our of which he is to serve at least 1 year in full-time custody before being eligible for release on parole. Following the sentence, court officers took him away.

The lawyer and court clerk involved were each sentenced with a non-conviction penalty, while the police prosecutor was sentenced with a conviction, avoiding jail.

Demerit Point Fraud Offences in NSW

Click here for an outline on how many demerit points you have in NSW.

A driver of a motor vehicle who commits a traffic infringement may as a result carry demerit point(s) due to the infringement.

In that event, the driver may or may not be the registered owner of that vehicle. As a result, the usual course of action taken is for the penalty notice fine and demerit point notice to be sent to the residential address of the person who is registered with the vehicle that was used in the alleged offending.

The fine notice accompanies with it a statutory declaration form, which is required to be executed by the registered owner of the vehicle to elect who the offending driver was. As a result, the nominated driver outlined in the statutory declaration will then receive the fine and demerit point notice.

Falsely executing a statutory declaration in NSW is a criminal offence punishable by up to 5-years imprisonment, under section 25 of the Oaths Act 1900 (NSW).

In NSW, a declaration is substituted in lieu of an oath or affidavit, or is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit.

Anyone who wilfully and corruptly makes and subscribed a declaration, knowing it to be untrue in any material particular, will be guilty of section 25.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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